Whatley v. Ware SP Warden

The Eleventh Circuit reversed the district court's dismissal of plaintiff's 42 U.S.C. 1983 complaint, holding that he has exhausted his available administrative remedies under the Prison Litigation Reform Act (PLRA). Plaintiff filed suit alleging use of excessive force and deliberate indifference to his medical needs after he was beaten by prison guards. The court held that the district court properly applied the two-step analysis in Turner v. Burnside, 541 F.3d 1077 (11th Cir. 2008), and the district court did not clearly err in determining that plaintiff never filed a grievance on January 18. The court held, however, that defendants waived their procedural objections to Grievance 80940, and plaintiff fully exhausted his administrative remedies when he pursued Grievance 80940 through each administrative level of review and received merits-based responses at each level. View "Whatley v. Ware SP Warden" on Justia Law